State v. Mendez-Osorio

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State v. Mendez-Osorio

Case Number
Call Date
May 24, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-16-0550 State v. Abel Mendez-Osorio (Appellant)

Saline County District Court, Judge Vicki Johnson

Attorneys: Erin Tangeman (Attorney General’s Office) --- Brett McArthur (Appellant)

Criminal: Ineffective assistance; terroristic threats; use of weapon to commit felony; child abuse

Proceedings below: Following a jury trial, Appellant was convicted.  The Court of Appeals affirmed on Appeal.  Appellant filed a petition for further review which was granted by the Nebraska Supreme Court.

Issues: Trial counsel was ineffective in 1) failing to adequately prepare for the trial of this matter, including failing to identify and interview prospective witnesses, 2) failing to adequately review the police report in this case, 3) introducing testimony from a witness that contradicted defendant's position, 4) failing to interpose objections to leading and hearsay questions, 5) in failing to explore Ms. Santos Velasquez's immigration status as a possible motive for falsely claiming that Appellant had threatened her, and 6) failing to explore Ms. Santos Velasquez's statements to Appellant that she had attempted to have the protection order against him vacated.  7) There was insufficient evidence for a jury to find beyond a reasonable doubt that Appellant was guilty of child abuse in violation of Neb. Rev. Stat. §28-707.



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